Many drivers feel uneasy when they are behind a tractor-trailer or flatbed truck transporting cargo. While most truck freight is transported without incident in the U.S., accidents caused by improperly secured cargo do happen. If you or a loved one were injured in an accident involving improperly secured freight on an 18-wheeler or other large truck, you may wonder who is to blame for the accident. The answer to this question is often difficult to determine and fault may lie with more than one party.

Determining Blame for Improperly Secured Truck Cargo

There are undoubtedly instances in which a truck driver is at fault for an auto accident. If the accident was caused by a driver who was under the influence of drugs or alcohol, for example, the truck driver may be liable for the damages caused. The driver may also be an at-fault party if he or she failed to complete a required inspection to ensure that the cargo was properly loaded and ready to haul. However, there are also many truck accidents that are not the fault of the driver. If the party who secured the truck cargo took shortcuts or failed to meet the securement standards required by the Federal Motor Carrier Safety Administration, the company that loaded the truck may be at fault. The trucking company may also be liable for damages caused by improperly secured cargo – especially if the company knew about or encouraged the shipping shortcuts that led to the accident. In other cases, the fault may lie with the company that designed or manufactured the equipment used to secure the cargo. For example, if defective tie-downs, straps, ropes, chains, cables, synthetic webbing, or other items used for securement were the cause of the cargo becoming loose or falling out of the truck, the manufacturer or designer of the items may be liable.

Seeking Compensation for a Truck Accident Through a Personal Injury Claim

Truck accidents involving loose cargo can cause catastrophic auto accidents. If you were seriously injured or a loved one was killed in a truck accident, a personal injury claim may help you recover damages. You could be entitled to compensation for your medical bills, ongoing medical care, pain and suffering, lost wages, and more. If you lost a loved one in a truck accident, a wrongful death claim may help you recover compensation for your loved one’s medical expenses and funeral and burial costs as well as the loss of the deceased person’s financial support and more.

The trucking industry is essential to our way of life. Truckers haul more cargo than trains, airplanes, or ships, and they do so under conditions that few could tolerate. However, the trucking industry is also responsible for thousands of auto accidents every year, many of which are caused by falling or unsecured truck cargo. When freight is improperly loaded or secured, items can shift within the truck’s trailer or fall out onto the road. Truck accidents caused by loose cargo are often fatal or result in serious, life-changing injuries. If you or a loved one have been involved in a car accident caused by falling cargo, you may be eligible for compensation.

Determining Fault in a Loose Cargo Truck Accident

There are typically several factors that lead to a truck accident. The truck driver may be under the influence of drugs or alcohol, or simply sleep deprived. The roads may be icy or wet from rain. In situations like these, small driving mistakes can be amplified many times over if the truck’s load is not secured properly. 

In other situations, there may be problems with the way the truck cargo was loaded or defects with the gear that holds the cargo in place. A single loose tiedown or a defective ratcheting device could cause the entire load to become unstable. 

When winter weather makes Illinois roads impassable, we rely on hardworking teams of snowplow truck drivers to clear the way. Although rare, snowplow truck accidents do happen, and the results are often catastrophic. A fully loaded snowplow truck can weigh up to 50,000 libs or more. Pedestrians or other motorists can easily be injured or even killed in a snowplow accident. If you or a loved one were hurt in a snowplow accident, you may be eligible for compensation.

Causes of Snowplow Accidents

Snowplow drivers have an extremely difficult job. Maneuvering through snow and ice-covered streets takes skill and attention. In addition, snowplow drivers often must work extremely long hours – especially during winter snowstorms. Driver fatigue is a major concern for many municipalities and private snowplowing companies. When snowplow drivers are sleepy, under the influence of alcohol or drugs, or distracted, they can make mistakes that lead to serious accidents. Trucks and snowplow equipment that are not properly maintained can breakdown or malfunction causing personal injury and property damage. Low visibility, road hazards, and inadequate driver training can also contribute to snowplow accidents.

Who is Responsible for a Snowplow Accident?

The majority of personal injury claims involve negligence or recklessness. If another party’s negligence caused your accident, you may be able to hold that party accountable through a personal injury claim. The party responsible for your damages may be the individual truck driver, the company who owns the snowplow business, the municipality managing the snowplow program, the party who performed maintenance on the truck, the truck manufacturer or truck parts manufacturer, or another entity. If a city-owned snowplow truck causes an accident, it may be possible to sue the city, but doing so can prove quite difficult. For help determining the cause of your accident and holding the responsible parties liable, contact a qualified truck accident attorney.

Driving on any Illinois road exposes drivers to many dangers, among which is falling objects from trucks and other motor vehicles. Some of the products hauled in our streets daily include, construction materials, gravel, demolition debris, furniture, and many other kinds of cargo. It is not uncommon for some of these objects to become loose and fall off the trucks carrying them. It is therefore important to keep a safe distance and obey all other traffic rules to avoid these falling objects which can cause serious accidents or even death.

Federal and State Laws on Carrying Loads

Federal and Illinois state laws require drivers of flatbeds or any vehicle carrying a load to safely secure the load with devices that prevent the cargo from falling onto the roadway. The laws also prohibit tractor-trailers from being driven on any roads unless and until their cargo is safely secured and covered to prevent spillage or falling.

There are also laws that drivers and operators must follow governing transportation of hazardous materials to make sure these materials are not spilled or accidentally released. Spills involving hazardous materials can cause accidents leading to injuries and damage for those sharing the road and following behind.

Anyone who has driven a semi-truck for a living can tell you that it is not an easy job. Truck drivers are expected to drive extremely long distances and endure erratic sleep schedules. However, this is no excuse to drive unsafely. Fatigued truck drivers can make careless driving errors or even fall asleep at the wheel putting other motorists in life-threatening danger. If you were injured in an accident caused by a fatigued or otherwise negligent truck driver, you could be eligible for compensation.

Recent Study Highlights the Danger Fatigued Truck Drivers Pose

The Federal Motor Carrier Safety Administration (FMCSA) and National Highway Traffic Safety Administration (NHTSA) recently conducted an extensive study regarding truck accidents. According to their research, approximately 13 percent of serious traffic accidents involving large trucks are caused by a fatigued driver. When drivers are too sleepy, they can drift into other lanes without knowing it or even crash into other vehicles. Considering many truck drivers are operating vehicles that can weigh up to 80,000 pounds, a truck accident can cause severe damage. Other causes of serious truck accidents include equipment failure, driver error, driver drug and medication use, and distracted driving.

Rules Regarding Truck Driver Rest

Fatigued and overworked truck drivers are a danger to themselves and everyone else on the road around them. Because of this risk, state and federal regulations dictate how often truck drivers must stop to rest as well as how many hours they can drive in a certain time period.